STATUTORY RULES.
1942. No. 160.
REGULATION UNDER THE NATIONAL SECURITY ACT 1939–1940.*
I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council, hereby make the following Regulation under the National Security Act 1939–1940.
Dated this Second
day of April , 1942.
Governor-General.
By His Excellency’s Command,
for and on behalf of the Minister of State
for Defence Co-ordination.
Amendment of the National Security (Economic Organization)
Regulations.†
Regulation 19 of the National Security (Economic Organization) Regulations is amended by adding at the end thereof the following sub-regulation:—
“(2.) Nothing in this regulation shall be construed as prohibiting an employer from absenting himself on the fourth day of April, 1942, from the place where he usually performs his duties, where he has granted leave of absence for that day to his employees at that place, or an employee from absenting himself on that day from his place of employment in pursuance of leave of absence granted by his employer.”.
* Notified in the Commonwealth Gazette on , 1942.
† Statutory Rules 1942, No. 76, as amended by Statutory Rules 1942, Nos. 81, 110, 127 and 145.
By Authority: L. F. Johnston, Commonwealth Government Printer, Canberra.
2479.—Price 3d. 15/1.4.1942.
Overview
The Statutory Rules 1942, No. 160, are regulations made under the National Security Act 1939–1940, enacted during a period of significant national concern related to the Second World War. These regulations were introduced to address the need for economic organisation and mobilisation in the context of national security. Made by the Governor-General in Council, these regulations reflect the policy objective of ensuring that employers and employees could observe a day of leave without it being construed as a breach of the regulations governing economic organisation. The amendment to Regulation 19 of the National Security (Economic Organization) Regulations was specifically designed to allow for a leave of absence on April 4, 1942, without affecting the compliance with the broader economic regulations intended to support the war effort.
Scope and Application
The Statutory Rules 1942, No. 160, made under the National Security Act 1939–1940, are designed to amend the National Security (Economic Organization) Regulations by adding a specific sub-regulation. This amendment applies to employers and employees who have been granted leave of absence on April 4, 1942. It clarifies that neither the employer nor the employee will be in breach of the regulation if they are absent from their usual place of work on that date, provided the leave was granted in advance. This regulation thus applies to persons and entities within the scope of the National Security (Economic Organization) Regulations, ensuring that the national security objectives are not compromised while allowing for necessary administrative adjustments on a particular date. The amendment does not alter the broader jurisdictional reach of the parent Act, which applies throughout the Commonwealth of Australia, nor does it introduce new exclusions or exemptions beyond the specified date and leave scenario.
Key Provisions
The regulation (No. 160) under the National Security Act 1939–1940 primarily serves to amend Regulation 19 of the National Security (Economic Organization) Regulations (sections 1 and 2). Specifically, it adds a new sub-regulation (2) that provides an exemption for employers and employees regarding leave of absence on the fourth day of April, 1942. This means that the regulation does not prohibit an employer from being absent on that day if they have granted leave to their employees, nor does it prevent an employee from taking leave if it has been granted by their employer.
This amendment imposes certain obligations on employers and employees. Employers who have granted leave to their employees for the specified date are allowed to take their own leave without contravening the regulation. Similarly, employees who have been granted leave by their employers can also take that leave without breaching the regulation. The implication is that both parties must ensure that the leave is formally granted and communicated appropriately to avoid any misunderstandings or violations of the regulation.
Breaches of the National Security (Economic Organization) Regulations, including this amendment, could potentially lead to legal consequences. Although the specific penalties for breach are not detailed in this particular regulation, the overarching National Security Act 1939–1940 provides a framework within which penalties can be imposed. Generally, penalties for breaches of national security regulations can include fines and, in severe cases, imprisonment. The exact penalties would depend on the nature and severity of the breach, as well as the specific provisions of the act and any relevant case law.
It is also important to note that any actions taken under this regulation must be in line with the broader objectives of the National Security Act, which are to protect the nation’s security and interests. Any misuse or abuse of the leave provisions could potentially lead to further scrutiny or penalties, as the regulation is intended to ensure that national security is not compromised during a period of crisis.